| Summary: | 碩士 === 東吳大學 === 法律學系 === 107 === Over the past years, “ an ounce of prevention is worth a pound of cure.” has became a prominent study in the field of public health. A health promotion intervention plan which is designed by professionals for specific community members to identify the specific disease risk factors have come into public notice and discussion. However, most researchers mainly focus on the introduction of such intervention methods. While there are abundant previous literatures about the regular health promotion contract and the human subject research contract which is focus on health promotion. Although the health promotion contract is is one of generalized medical contract types, it has quite different features which impede the application of the regular medical contract. In Taiwan, the health promotion contract is regulated mainly by instructive administrative regulations, and thus the remedies are seldom included. Therefore, it is necessary to qualify the legal relationship from the Part of Obligation of Civil Code.
This study is divided into five chapters. The first chapter is intended to illustrate the research motives, objectives, methods, restrictions, research structures and expected results. The second chapter defines the health promotion intervention plan, introduces the types of them in practice, and delimits the range of this thesis. We divided this study into the research health promotion contract and general health promotion contract for confirming the legal relationship subsequently. The third chapter analyzes the constituents and legal consequences of such contracts which have similar characteristics with the health promotion contract. According to this analysis, we qualified both types of the health promotion contracts as non-gratuitous mandate contracts.The fourth chapter concretizes the rights and obligations of both types of health promotion contracts from applicable laws and precedents. Due to the importance of the duty of disclosure and the rule of informed consent, we also analyzes a series of issues arisen therefrom, laying stress on their effects, functions and limits at different stages of the contract. The fifth chapter draws a conclusion and gives some suggestions in order to create effective and well-rounded protection for the health promotion contract.
With the development of preventive medicine, the need for health promotion research is increasing. This thesis is focused on the health promotion contract, that which is conducted under the perspective of fundamental civil law theories made it possible to apply its conclusion to what arisen from preventive medicine research in legal aspect.
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